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Wood v. StateWood v. State

Indiana Supreme Court
Oct 15, 1953
No. 29,052
Reporters:
, ,
Before:
Flanagan
Flanagan, J.

Defendant filed his petition for writ of error coram nobis in the Criminal Court of Marion County. Upon full hearing the petition was denied. On ‍‌‌‌‌‌​‌​‌​‌​‌​‌​​‌​‌‌​‌‌​‌​‌​‌​‌‌​​​​​​‌‌​‌‌‌​​​​‌‌​‌​‌​​‌​‌​‌​​​‌‌‌‌​​‌‌‌‌​‌‌​​‌​​​‌​​‌​‌‌​‌​​​‍this appeal it is contended that the evidence did not justify that ruling. We find no merit in such contention!

Evidence presented included the following:

The defendant pleaded guilty to automobile banditry on December 29,1950. He had been arrested on October 19, 1950. Between those dates he had talked ‍‌‌‌‌‌​‌​‌​‌​‌​‌​​‌​‌‌​‌‌​‌​‌​‌​‌‌​​​​​​‌‌​‌‌‌​​​​‌‌​‌​‌​​‌​‌​‌​​​‌‌‌‌​​‌‌‌‌​‌‌​​‌​​​‌​​‌​‌‌​‌​​​‍several times with his own attorney employed for him by his brother-in-law. He had talked to that brother-in-law and to his father. His attorney, his brother-in-law, and his father all advised him to plead guilty. His attorney was in court representing him at the time of his ‍‌‌‌‌‌​‌​‌​‌​‌​‌​​‌​‌‌​‌‌​‌​‌​‌​‌‌​​​​​​‌‌​‌‌‌​​​​‌‌​‌​‌​​‌​‌​‌​​​‌‌‌‌​​‌‌‌‌​‌‌​​‌​​​‌​​‌​‌‌​‌​​​‍plea. The court there explained to him the charge, the sentence that would follow upon acceptance of his plea of guilty, and the fact that he was entitled to a trial by jury. The defendant related to the court how he made entry to the dwelling house ‍‌‌‌‌‌​‌​‌​‌​‌​‌​​‌​‌‌​‌‌​‌​‌​‌​‌‌​​​​​​‌‌​‌‌‌​​​​‌‌​‌​‌​​‌​‌​‌​​​‌‌‌‌​​‌‌‌‌​‌‌​​‌​​​‌​​‌​‌‌​‌​​​‍that had been burglarized, and detailed the items stolen and the model and make of the automobile that he said he had standing by and in which he made his -getaway. The resident of the dwelling corroborated his statement as to the items which were stolen.

This is ‍‌‌‌‌‌​‌​‌​‌​‌​‌​​‌​‌‌​‌‌​‌​‌​‌​‌‌​​​​​​‌‌​‌‌‌​​​​‌‌​‌​‌​​‌​‌​‌​​​‌‌‌‌​​‌‌‌‌​‌‌​​‌​​​‌​​‌​‌‌​‌​​​‍ample evidence for denial of the petition for writ of error coram nobis.

Judgment affirmed.

Gilkison, J., not participating.

Note. — Reported in 114 N. E. 2d 773. .

Case Details

Case Name: Wood v. State
Court Name: Indiana Supreme Court
Date Published: Oct 15, 1953
Citations: 114 N.E.2d 773; 232 Ind. 644; 1953 Ind. LEXIS 258; No. 29,052
Docket Number: No. 29,052
Court Abbreviation: Ind.
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